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Published on: 29 Feb 2008 By (Dianne Saxe)

Negligent Engineers – is the Public Protected?

Who should the public trust to do environmental site assessments? The Ministry of the Environment (MOE) proposes to sharply cut down the list of “Qualified Persons”, on the assumption that only Professional Engineers and Geoscientists have both qualifications and professional regulatory bodies to ensure their competence. This argument seems to be falling apart. We don’t...

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Published on: 2 Mar 2009 By (Dianne Saxe)

Sansone and 310 Waste win new trial

In one of the biggest environmental cases of 2007/8, huge fines and jail sentences were imposed on the former owners and operators of a waste transfer site on Keele Street, in Vaughan. The site caught fire in 2004, creating a huge plume of choking smoke and enormous political heat. Today, the defendants won a new trial.

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Published on: 28 May 2014 By (Dianne Saxe)

Another anti-wind power appeal dismissed

Ontario’s Environmental Review Tribunal (ERT) has dismissed another anti-wind power appeal: May 14, 2014, Pitt v. MOE ERT Registry Number: 13-121. The Wainfleet Wind Energy Project can now proceed, despite objections from a skydiving club. The ERT ruled that the club had not shown that the turbines were likely to cause even one serious skydiving...

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Published on: 23 Apr 2015 By

Carnival Shut Down for Air Pollution Health Hazard

In August 2012, the Health Services Appeal and Review Board (HSARB), for the first time ever, held air pollution (aside from second hand smoke) to be a “health hazard” under Ontario’s Health Protection and Promotion Act (HPPA). Air Pollution Health Hazard Under section 13(1) of the Act, a public health inspector may order any person...

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Published on: 15 Nov 2018 By

Environmental Bill of Rights “Leave to Appeal” Test Remains a Significant Hurdle to ECA Appeals

The Environmental Review Tribunal (“ERT” or “Tribunal”) released a decision in Freshway Investments Inc. v. Ontario (MECP) on November 5, 2018 denying an application for leave to appeal an Environmental Compliance Approval (“ECA”) for a Waste Disposal Site in York Region, Ontario (the “Site”). This decision confirms once again that while the Environmental Bill of...

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Published on: 17 Oct 2013 By (Dianne Saxe)

MOE Director admits that the Northstar directors were not polluters

Our high-stakes case, appealing the imposition of infinite retroactive personal liability on directors for contamination they did not cause,  will be heard by the Environmental Review Tribunal starting October 28. Initial witness statements in Baker v Director, Ministry of the Environment were filed September 27, and make fascinating reading.  For example, Jane Glassco, the Ministry Director...

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Published on: 9 Jul 2010 By (Dianne Saxe)

Inco to pay $36 million in Port Colborne class action

Inco has been ordered to pay $36 million to past and present property owners in Port Colborne,  for lost property value due to historic nickel contamination. None of the contamination occurred after 1984, and Inco complied with all applicable laws during the operation of its refinery. Nevertheless, Justice Henderson ruled that Inco is strictly liable...

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Published on: 22 Oct 2009 By (Dianne Saxe)

New brownfields standards coming soon

Ministry of the Environment staff are seeking approval for proposed changes to the brownfields regulation, 153/04. Last year, the MOE proposed far-reaching changes, including: much more stringent generic cleanup standards, to be phased in 12 months later, a more flexible Tier 2 for risk assessment,

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